Questions and Answers
Unlawful aggression is one of the requirements for justifying circumstances in defense.
True
Acting in defense of a stranger does not require the same initial conditions as acting in defense of oneself.
False
A person can avoid criminal liability if they damage another person while trying to prevent a greater injury.
True
Provocation by the person being defended against negates the possibility of a justified defense.
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A person can justify their actions in defense of an adopted sibling under the same rules as biological siblings.
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A person following a superior's lawful order cannot incur criminal liability under any circumstances.
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A reasonable necessity of the means employed is not essential for a defense claim to be valid.
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Imputability refers to the quality by which an act can be ascribed to a person.
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Responsibility implies that an act committed has been freely and consciously done.
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Guilt refers to the honor of taking penal and civil consequences of a crime.
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Justifying circumstances occur when a person is deemed not to have transgressed the law.
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Self-defense requires proof that there was a lawful aggression by the accused.
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The burden of proof in self-defense cases lies with the accused.
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Unlawful aggression must include a merely threatening or intimidating attitude.
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A paramour can invoke self-defense if they kill the offended husband during an act of adultery.
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The necessity of compelling circumstances is one of the requisites for lawful defense.
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Study Notes
Justifying Circumstances
- Justifying circumstances indicate scenarios where individuals do not incur criminal liability.
- Requirement for self-defense: unlawful aggression, reasonable necessity of defense means, and lack of sufficient provocation.
- Defense of relatives includes spouse, ascendants, descendants, siblings, and relatives by affinity within the fourth civil degree, provided the same requisites for self-defense apply.
- Defense of a stranger is justifiable under the same conditions as self-defense, with the absence of malicious motives.
- Preventive acts to avoid greater harm must ensure that the threat is real, the injury inflicted is lesser, and there are no less harmful alternatives.
- Actions taken in fulfilling a duty or lawful exercise of rights are exempt from criminal liability.
- Compliance with lawful superior orders does not incur liability.
Circumstances Affecting Criminal Liability
- Categories include Justifying Circumstances, Exempting Circumstances, Mitigating Circumstances, Aggravating Circumstances, and Alternative Circumstances.
Imputability
- Refers to the quality allowing attribution of an act to a person, denoting the act was performed freely and consciously.
Responsibility
- Obligation to bear the consequences of a crime, encompassing both penal and civil repercussions.
Guilt
- A critical aspect of responsibility; an individual must be proven guilty for accountability.
Self-Defense
- The burden of proof rests with the accused, requiring evidence to be clear, convincing, and satisfactory.
- Self-defense extends to protecting not just oneself, but also legal rights including rights to life, property, and honor.
Lawful Defense
- Justified by the innate human instinct for self-preservation and the state’s failure to prevent unjust aggression.
- Recognized as a right and an act of social justice to counter unlawful aggression.
Requisites for Self-Defense
- Unlawful Aggression: Must be actual, sudden, and capable of causing harm; mere threats do not qualify.
- Reasonable Necessity: Means of defense employed must be suitable and necessary to repel the aggression.
- Lack of Sufficient Provocation: The defender must not have provoked the aggression.
Unlawful Aggression Insights
- Two types of aggression exist: lawful (within rights or duties) and unlawful (threatening).
- A person caught in a personal dispute, such as a paramour in adultery, cannot claim self-defense against a spouse assaulting them.
- Unlawful aggression must present an immediate threat, not merely a perceived or intimidating stance.
- Actual and imminent dangers must be present for a claim of self-defense to hold validity, ruling out preemptive or retaliatory actions without real peril.
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Description
This quiz explores the justifying circumstances under which an individual may not incur criminal liability, specifically focusing on self-defense and defense of others. Test your understanding of the necessary conditions and legal principles involved in defending oneself or others in various situations.